Finding of Gun Invalidated

OCT. 10, 1987 | 12 AM

A ruling by Santa Monica Superior Court Judge James Albracht that Los Angeles County sheriff's deputies illegally searched a car found to contain a gun linked to a double-slaying in Texas means authorities cannot investigate that link, a San Antonio prosecutor said. "There may as well have been no guns found," Bexar County Dist. Atty. Fred Rodriguez said.

Several weapons were found when Julie Marquez, a disbarred San Antonio lawyer, was stopped Aug. 6 in West Hollywood. Law enforcement officials said that a pistol and a o mm Uzi submachine gun found in Marquez's car belonged to Antonio Garibay, 29, of San Antonio, who was found strangled in the trunk of his car in San Antonio in July.

A ballistic expert determined that a pistol taken from the car was used to fire to bullets into the head of Garibay's nephew, who was found dead near Garibay's car. No one has been charged in either of the deaths.

The Exclusionary Rule stems from the Fourth Amendment to the U.S. Constitution. It was administratively created to basically hold law enforcement responsible for their actions. Thus, if evidence is found that implicates a person's guilt, such as a gun in a car trunk, and the police did not have probable cause to search. The evidence can not be used in court.

Do you believe this is the way our founding fathers meant for the 4th Amendment to be enforced? Do you think the guilty should go free because of the Exclusionary Rule? Please explain your position.